Applicationtz..
NOV 2
Li
a
E IDIAN
Pla ningr Division
DEVELOPMENT REVIEW APPLICATION
Lci., -. � � 3 i C,
STAFF USE ONLY:
Project name: ado o L r 4 Z
File number(s). (D I
Assigned Planner: -sit 114A -Related files:
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Planned Unit Development
❑ Administrative Design Review
❑ Preliminary Plat
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
17 Property Boundary Adjustment
❑ Certificate of Zoning Compliance
❑ Rezone
❑ City Council Review
❑ Short Plat
❑ Comprehensive Plan Map Amendment
❑ Time Extension:
❑ Comprehensive Plan Text Amendment
Director/ Commission/Council (circle one)
-1 Conditional Use Permit
❑ UDC Text Amendment
❑ Conditional Use Modification
❑ Vacation:
Director/Commission (circle one)
Director/ Council (circle one)
Cffl-�)evelopment Agreement Modification
❑ Variance
❑ Final Plat
❑ Other
❑ Final Plat Modification
Applicant Information
Applicant name: 1' Phone:''
Applicant address:,:' -1 ^� '� Email:
City: f*A- State: .. �"�� Zip:
Applicant's interest in property: di Own ❑ Rent ❑ Optioned ❑ Other
Owner name:
Owner address: G � Email:
. �
City: (4 Q6. State: Zip:
Phone:
Agent/Contact name (e.g., architect, engineer, developer, representative):�'°`-'
Firm name: 77;77 JPhone: qG3 9
Agent address: J2,/ Z Email:
City: fr4wState: Zip:
Primary contact is: Applicant ❑ Owner ❑ Agent/Contact
Subject Property Information
5''7 G Location/street address:__ r ' Tawnshi range, section:
Assessor's parcel number(s): 01 % 1 �9c� Total acreage: 0• a Zoning district: "
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 �, ,,-w.2neridiaD.cit�T.orL,/planning.,
-1- (Rev. 0611212014)
Pro' name: Project/subdivision n n r v-4 ` ---�
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General description of proposed proj ect/request: ►,. ik �9 -'-��.%`
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Proposed zoning district(s):
Acres of each zone proposed:
Type of use proposed (check all that apply):
❑ Residential ❑ Office J4 Commercial ❑ Employment ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within?
Primary irrigation source:-- . Secondary:
��.
Square footage of landscaped areas to be Irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable)
Number of residential units:
Number of common lots:
Number of building lots:
Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom:
2-3 bedrooms:
4 or more bedrooms:
Minimum square footage of structure (excl. garage): Maximum building height: _
Minimum property size (s.f): Average property size (s.f,):
Gross density (Per UDC 11-1A-1): Net density (Per UDC 11-1A-1):
Acreage of qualified open space: Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC 11-3 G -3B):
Amenities provided with this development (if applicable): _
Type of dwelling(s) proposed: ❑ Single-family Detached
❑ Duplex Cl Multi -family ❑ Vertically Integrated
Non-residential Project Summary (if applicable)
Number of building lots:
Gross floor area proposed: i'
Hours of operation (days and hours):
Total number of parking spaces provided:,
❑ Single-family Attached ❑ Townhouse
❑ Other
Common lots: Other lots.-
Community
ots:
Authorization
Print applicant name:
Applicant signature:
Existing (if applicable):
Building height:
Number of compact spaces provided:
Date: I) / Z. ! / -&
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 ',ww.i_,eriaian.city.org.
-2- (Rev. 0611212014)
This narrative is intended to fulfill the requirement for a Development Agreement
Modification Application for the City of Meridian Planning Division. The proposed project is
located at 2976 E. Overland Rd. The approved DA was recorded on 9/2/06 instrument
# 105127512. The Reason for the Development Agreement Modification is to remove the
requirement of a CUP Application for lots I and 2 in Grandview Station since these lots are
already zoned CG and fit within Meridian City's comprehensive plan. The section in the DA w,;
intend to modify"Notwithstanding the status of the property as a planned development,
no new buildings are approved for construction on that part of the property that is identified as
lots �3 � 15 & 16 on the preliminary plat except pursuant to an application for conditional use
permit submitted to and approved by City prior to submittal of any Certificate of Zom*ng
Compli ance appli cation and/or building permit. . 10 "
Service Commercial District) attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance for the C -G zoning district as codified at
Meridian City Code Section 11-7-2 .
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIOiNS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. "Owner/Developer" shall develop the "Property" in accordance with the following
special conditions:
1. Notwithstanding the status of the property as a planned development, no neer
p
buildings are approved for construction on that part of the property that is
. P �'
identified as loth 3, 15 & 16 on the preliminary plat except pursuant to an
application for conditional use permit submitted to and approved by Ci prior
City
to submittal of any Certificate of Zoning Compliance application and/or
building permit. if the property within Overland way Subdivision adjoining
said lots to the north and west ceases to be used for residentialpip oses this
requirement shall be deemed waived with respect to any of said lots which
abut such adjoining property.
2. Allow five foot landscape buffer along the west perimeter of lots 13 & 14.
3. A five foot perimeter landscape buffer will be allowed for lots 1, 2, 3, 15 and.
16 with the owner/developer having the following options:
a) Provide a surety for this landscaping until conditional use approval is
granted, or
b) Install the required landscaping for lots 1, 2, 3, 15 and 16 with all other
perimeter landscaping, and install alternative compliance landscaping upon
conditional use approval (if required). Alternative compliance will include a 6
foot high fence and added landscape.
4. .Allow a maximum height variance of 60 feet for the hotel use.
5. Drive thrus as an allowed use for banks and restaurants.
6. Allowed uses are restaurant, retail, hotel, banks and office.
7. Alternative compliance allowing for the right -in -only entrance off of Eagle
Road to be considered part of the 3 5 foot wide landscape buffer.
S. Allow a detached sidewalk to be considered part of the 35 foot wide landscape
buffer along Eagle.
9. There is currently a 20 foot landscape buffer separating lot 1 from Loder
Street. Applicant will provide an additional five of landscaping to the existing
landscape buffer.
DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION)
PAGE 3 OF 9
10. A site plan for each building site, showing the elevations and building
orientation, shall be submitted prior to issuance of a Certificate of Zoning
Compliance application and/or building permit for that site.
6. COMPLLANCE PERIOD/CONSENT TO REZONE: This Agreement and the
commitments contained herein may, pursuant to Section 7 hereof
, be terminated, and the zoning
designation reversed, upon a material default by the gr -owner" or rarbOwners" heirs, successors, assigns.,
of the terms hereof, and after the "City" has complied with the notice and hearing procedures as
outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner/Developee3 consents upon default to the reversal of the zoning designation
of the "Property" subject to and conditioned upon the following conditions precedent to -wit:
7.1 That the "City'' provide written notice of any failure to comply with this
Agreement to "Owner" and if the "Owner"fails to cure such failure within six(6)
months of such notice,
7.2 Notwithstanding the foregoing, if any default arises solely from the act or
omission of a successor owner of any lot or parcel within the Property, the
"City's" right to terminate this Agreement and reverse the zoning designation
shall apply only to the specific lot or parcel owned by the defaulting party.
8. INSPECTION: "Owner/Developer" shall, immediately upon completion of any
portion or the entirety of said development of the "Property" as required by this agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Development Agreement and all other ordinances of the "City'that apply to said
Development.
9. DEFAULT:
9.1 In the, event "Ownerffievelopee% "Owner/DevcloperWl heirs successors, assigns,
or subsequent owners of the "Property" or any other person ac'qui-ring an interest
in the "Property", fail to faithfully comply with all of the terms and conditions
included in this Agreement in connection with the "Property", this Agreement
may be modified or terminated by the "City"' upon compliance with the
requirements of the Zoning Ordinance, subject to the provisions of Section 8
hereof.
9.2 A waiver by "City" of any default by "Owner"' of any one or more ofthe covenants or
conditions hereof shall apply solely to the breach and breaches waived and shall not
bar any other rights or remedies of "City" or apply to any subsequent breach of any
such or other covenants and conditions.
DEVELOPMENT AGREEMENT (AZ 05-019 DORADO SUBDIVISION)
U
Aftet Recording, Return to:
Kimbal Properties Limited Partnership
P.O. Box 8204
Boise, 11D 83707
P5s
�0333�a Jl.0 I LK
Ile"N
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 18-00 6 L(e)
BOISE IDAHO 016105 04:27 PM
DEPUTY Neava Haney
RECORDED -REQUEST OF 105031863
Stewart Title Company
WARIUNTYDEED
Corporate
The Terteling Company, Inc., a Corporation duly organized and existing under and by virtue of
the laws of the Stat -al office at 3823 N. 3e Street, Boise ID 83703, the
Grantor, hereby CONVEYS or GRANTS and WARRANTS unto
Kimball Properties Limited PartnersWp, an Idaho Limited Partnership
the Grantee, whose current address i's P.O. Box 8204, Boise ID 83707,
the following described premises, to wit.
See Exhibit "X' attached hereto
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a
TO HAVE AND TO HOLD the said prermses, with their appurtenances unto the said
Grantee, their heirs and assigns forever. And the said Grantor does hereby covenant to and with
the said Grantee, that it is the owner in fee simple of said premises, that said premises are free
from all encumbrances (except as set forth in Exhibit "B" attached hereto) and that Grantor will
warrant and defend the same from all lawfid claims, whatsoever.
The officers who sign this deed hereby certify that this deed and the transfer represented thereby
was duly authorized under a resolution duly adopted by the board of directors of the Grantor at a
lawful meeting duly held and attended by a quorum.
IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto
subscribed by its authorized officers, this 16th day of March, 2005.
y*
L. Terteling
7�11
Presidej-tl
n"MATE OF Idaho
)Ss.
COUNTY OF Ada
On this le day of Marck 2005, before me, the undersigned, a Notary Public, in and for said
State, personally appeared J. L. Terteling, known to me, and/or identified to me on the basis of
satisfactory evidence, to be the President of the corporation that executed the instrument and that
the foregoing instrument was signed on behalf of said corporation by authority of a resolution of
its board of directors and acknowledged to me that such corporation executed the same.
S SS HAND AND OFFICLAL SEAL.
S
Nofary PublicLi im 4
Residing at,-, Meridian, Idaho
My Commission Expires-, May 28, 2005 PAO
�01 XD
S -V N1-
PARCEL IT:
A parcel of land being the excluded parcel as shown on Record Of Survey No. 3086, Ada County
Recorders Office,said parcel located in the Southeast quarter of Section 17, Township 3 NortI4
Rangc I East of the Boise Meridian, Ada County, Idaho, being more particularly described as
follows:
Commencing at the So-d1heast cornex of Section 17, Township 3 North, Range 1 East, Boise
Meridian; thence
South 99046West 180.00 feet along the South line of said Section 17 to a point; thence
North 00"40"38"" West 70.00 feet to a point on the -Northerly right of way of Overland Road,
THE REAL POINT OF BEGINNING of this description; thence
South 890462 19" West 100.00 feet along said Northerly right of way to a point; thence
North 00940'38"" West 74.17 feet to a point; thence
North 29c'14'14T West 94.07 feet to a point-, thence
North 21034 18"' Rut 230.00 feet to a point- thence
North 99�046` 18East 57.90 feet to a point; thence
South OOP401X'East 370.00 feet to TBE REAL POINT OF BEGRiNING of this description.
PARCEL 1H,-,
A parcel of land being Paroel'W'as shown on Record of Survey No. 5971, Ada County
Recorders Office, a portion of the Southeast quatter of Section 17, Townsbip 3 North, Range I
East of the Boise Meridlim Ada County, Idaho, being more particularly i_ i` as follows-,
Commencing at ihe Southeast comer of Section 17, Township 3 North, Range 1 East, Boise '
Ste WaWntleof Boise, hw. NeNumber: 4033372jwllm
Meridian; thence
South 89"46'18"' West 802.64 feet along the South line of said Section 17 to a point; thence
North 00007" 1 if" West 70.00 feet to a point on the Northerly right of way of Overland Road�
THE REAL POINT OF BEGINNING of this description; thence.
South 8910461 18-" West 175.00 feet along said right of way to a point; thence
North OV07' 14" West 148.00 feet to a point on the boundary of Overland Way Subdivision;
Thence
North 89P46' 18" East 175 .00 feet alongsaid boundary to a point; thence
South 00007" 14"' East 148.00 feet to THE RFAL POINT OF BEGD4NING of this demwriptior,
PARCELIV:
A Oarcel of land being Parcel"Bit as shown on Record Of Survey No. 59*71, Ada County
Recorders Officc, a portion of Lot 19, Block I of Overland Way Subdivision, said parcel located
in the Southeast quarter of Section 17, Township 3 North, Range I Fast of the Boise Meridian,
Ada County� Idaho, bemig more particularly described as follows-,
Commencing at the Southeast comer of Section 17, Township 3 North, Range I East, Boise
Meridiaw, thence
South 89'046' IS" West 676.80 feet along the South fine of said Section 17 to a point; thence
North 00*06" 14" West 70.00 feet to a point on the Northerly right of way of Overland Road,
THE REAL PORqT OF BEGMNING of this description; thence
South 89'46" IT" West 125.86 feet along said right of way to a point, thence
North OV07'14West 148.00 feet to a point on the boundary of Overland Way Subdivision;
Thence
North 89046' 18"' &st 125.90 feet along said hounday to a point; thence
South OV06'14" East 148.00 feet to TBE RBAL POINT OF BEGDa1QNG of this description,
Stetyan 71fle of Bojw. tftc. File Number: 4033372j
FOLN
;STATE OF IDAHO
COUNTY OF ADA
�-- I A % .. el.�-is /9�t rf'vx�'L��
Del�
(Aame) (adfess) k3?0
(city) (state)
being first duty sworn upon, oath, depose and say:
I . That I am the record owner of the property descn*bed on the attached, and I grant mi
permission to:
dw
S4.ke,! *rj A.-I-Wa
(name) (address)
W72 AP"9r—
to submit the accompanying application(s) pertaining to that property.
or, ' 9 L
2, 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
k,
3. 1 hereby grant pennission to City of Meridian staff to enter the sub' Dertv for tho
Ject pro.
purpose of site inspections related to processing said application(s).
Dated this dAV Of A)0 JP 20
Joe (Signature)
SUBSCRlBED AND SWO Wrl
efore me the day and year first above itten.
NOV r%#"1"1ZV
140TARY S
ago,
41W - (Notary Public for Idaho)
1k
lab -
Residing at:JJ6
PUBLIC JUL
\\V*- My Commission Expires:
OF VDI XXV
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Community Development a Planning Division m 33 E. Broadway Avenue, Ste. 1.02 Meri'dian, Idaho 83642
Phone: 208-884-5533 Fax.- 208-898-6854 wwwmieridiatiUt,_eEaJp1qpn=
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PRE -APPLICATION MIEETING NOTE]
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Note: A Traffic Impact Study (TIS) will be required byACHD forlarge commercial projects and any residential development with over 100 units. To
avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to A CHD prior to submitting their application
to the City. Not having ACHD comments andlor conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387-
6178 or ChristyLittle at 387-6144 atACHD forinformation in regard to a TIS, conditions, impact fees andprocess.
Other Agencies/Departments to Conta
E] Ada County Highway Dist. (ACHD)
F1 Idaho Transportation Dept. (ITD)
F1 Republic Services
F1 Central District Health Department
n Nampa Meridian Irrigation Dist.
(NMID)
n Settler's Irrigation District
EJ Police Department
F1 Fire Department
Public Works Department
Building Department
Parks Department
Other:
Application(s) Required:
n Administrative Design Review
F1 Alternative Compliance
[:] Annexation■
0 City Council Review
Comprehensive Plan Amendment — Map
Comprehensive Plan Amendment — Text
Conditional Use Permit
Conditional Use Permit Modification/Transfer
[:] Development Agreement
Modcation
EJ Final Plat
® Final Plat Modification
n Planned Unit Development
F1 Preliminary Plat
F] Private Street
Rezone
[� Short Plat
❑ Time Extension - Council
UDC Text Amendment
El vacation
M Variance
[] Other
Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public
hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public heating shall post the site with a public hearing notice
in accord with UDC I 1 -5A -5D. 3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during
this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC andlor Comp Plan may
affect your submittal andlor application. This pre -application meeting shall be valid for four (4) months.
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COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were pasted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5,
Ap Wa��ntlagent si tore Dat
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 v'ww.17eridiaiiL.ity.org/ni innin
iY
'17� 77
Community Development
Department
Meridian City Hall,, Suite 102
Broadway Avenue
Meridian, Idaho 83642
208.887.2211
The parcel information below has been researched and verified as correct by the City of Meridian
Community Development Department.
Project Name:
Parcel Number:
Acres:
Property Owner: Kimball Properties LTD Partnership
P.O. Box 8204
Address Verification Reno 04/23/12